SECTION 15.

ASSUMPTION BY THE SECRETARY OF LABOR AND

EMPLOYMENT. WHEN A LABOR DISPUTE CAUSES OR IS LIKELY TO CAUSE A
STRIKE OR LOCKOUT IN AN INDUSTRY INDISPENSABLE TO THE NATIONAL
INTEREST, THE SECRETARY OF LABOR AND EMPLOYMENT MAY ASSUME
JURISDICTION OVER THE DISPUTE AND DECIDE IT OR CERTIFY THE SAME TO THE
NATIONAL LABOR RELATIONS COMMISSION FOR COMPULSORY ARBITRATION.
PROVIDED, THAT ANY OF THE FOLLOWING CONDITIONS IS PRESENT:
1. BOTH PARTIES HAVE REQUESTED THE SECRETARY OF LABOR AND
EMPLOYMENT TO ASSUME JURISDICTION OVER THE LABOR DISPUTE;
OR
2. AFTER A CONFERENCE CALLED BY THE OFFICE OF THE SECRETARY OF
LABOR AND EMPLOYMENT ON THE PROPRIETY OF ITS ISSUANCE, MOTU
PROPRIO OR UPON A REQUEST OR PETITION BY EITHER PARTIES TO THE
LABOR DISPUTE.
SUCH ASSUMPTION SHALL HAVE TE EFFECT OF AUTOMATICALLY
ENJOINING AN IMPENDING STRIKE OR LOCKOUT. IF A STRIKE/LOCKOUT HAS
ALREADY TAKEN PLACE AT THE TIME OF ASSUMPTION, ALL STRIKING OR
LOCKED OUT EMPLOYEES AND OTHER EMPLOYEES SUBJECT OF THE NOTICE OF
STRIKE SHALL IMMEDIATELY RETURN TO WORK AND THE EMPLOYER SHALL
IMMEDIATELY RESUME OPERATIONS AND READMIT ALL EMPLOYEES UNDER THE
SAME TERMS AND CONDITIONS PREVAILING BEFORE THE STRIKE OR LOCKOUT.
NOTWITHSTANDING THE FOREGOING, PARTIES TO THE CASE MAY AGREE
AT ANY TIME TO SUBMIT THE DISPUTE TO THE SECRETARY OF LABOR OR HIS
DULY AUTHORIZED REPRESENTATIVE AS VOLUNTARY ARBITRATOR OR TO A
DULY ACCREDITED VOLUNTARY ARBITRATOR OR TO A PANEL OF VOLUNTARY
ARBITRATORS.
SECTION 16. REQUIREMENT FOR MINIMUM OPERATIONAL SERVICE.
IN LABOR DISPUTES ADVERSELY AFFECTING THE CONTINUED OPERATION OF
HOSPITALS, CLINICS OR MEDICAL INSTITUTIONS, IT SHALL BE THE DUTY OF THE
STRIKING UNION OR LOCKING-OUT EMPLOYER TO PROVIDE AND MAINTAIN
EFFECTIVE SKELETAL WORKFORCE OF MEDICAL AND OTHER HEALTH
PERSONNEL WHOSE MOVEMENT AND SERVICES SHALL BE UNHAMPERED AND
UNRESTRICTED, AS ARE NECESSARY TO ENSURE THE PROPER AND ADEQUATE
PROTECTION OF THE LIFE AND HEALTH OF ITS PATIENTS, MOST ESPECIALLY
EMERGENCY CASES, FOR THE DURATION OF THE STRIKE OR LOCKOUT.
SECTION 17. DECISION ON THE ASSUMED LABOR DISPUTE; FINALITY.
THE DECISION OF THE SECRETARY OF LABOR AND EMPLOYMENT, THE NLRC OR
VOLUNTARY ARBITRATOR OR PANEL OF VOLUNTARY ARBITRATORS SHALL BE
RENDERED WITHIN THIRTY (30) CALENDAR DAYS FROM SUBMISSION OF THE

CASE FOR RESOLUTION AND SHALL BE FINAL AND EXECUTORY TEN (10)
CALENDAR DAYS AFTER RECEIPT THEREOF BY THE PARTIES.
SECTION 18. PROHIBITIONS ON LAW ENFORCEMENT AGENCIES OR
PUBLIC OFFICIALS/EMPLOYEES, ARMED PERSONS, PRIVATE SECURITY
GUARDS AND SIMILAR PERSONNEL IN THE PRIVATE SECURITY AGENCY,
EXCEPTION. NO PUBLIC OFFICIAL OR EMPLOYEE, INCLUDING OFFICERS AND
PERSONNEL OF THE ARMED FORCES OF THE PHILIPPINES OR THE PHILIPPINE
NATIONAL POLICE, OR ARMED PERSON, PRIVATE SECURITY GUARDS AND
SIMILAR PERSONNEL IN THE PRIVATE SECURITYN AGENCY SHALL BRING IN,
INTRODUCE OR ESCORT IN ANY MANNER, ANY INDIVIDUAL WHO SEEKS TO
REPLACE STRIKERS IN ENTERING OR LEAVING THE PREMISES OF A STRIKE AREA,
OR WORK IN PLACE OF THE STRIKERS.
THE POLICE FORCE SHALL KEEP OUT OF THE PICKET LINES UNLESS
ACTUAL VIOLENCE OR OTHER CRIMINAL ACTS OCCUR THEREIN.
BUT ANY PUBLIC OFFICER, THE SECRETARY OF LABOR AND EMPLOYMENT
OT THE NLRC MAY SEEK THE ASSISTANCE OF LAW ENFORCEMENT AGENCIES TO
MAINTAIN PEACE AND ORDER, PROTECT LIFE AND PROPERTY, AND/OR ENFORCE
THE LAW AND LEGAL ORDER PURSUANT TO THE PROVISIONS OF THE JOINT
DOLE-DILG-PEZA GUIDELINES IN THE CONDUCT OF PNP PERSONNEL, ECONOMIC
ZONE POLICE, AND SECURITY GUARDS, COMPANY SECURITY GUARDS AND
SIMILAR PERSONNEL DURING LABOR DISPUTES.
SECTION 19. CRIMINAL PROSECUTION. The regular courts shall have
jurisdiction over any criminal action under Article 272 of the Labor Code, AS AMENDED, BUT
SUBJECT TO THE REQUIRED CLEARANCE FROM THE DOLE ON CASES ARISING
OUT OF OR RELATED TO A LABOR DISPUTE PURSUANT TO THE MINISTRY OF
JUSTICE (NOW DEPARTMENT OF JUSTICE) CIRCULAR NO. 15, SERIES OF 1982, AND
CIRCULAR NO. 9, SERIES OF 1986.